Section 42 CPC - Code of Civil Procedure - Powers of Court in executing transferred decree.

-

 Section 42 CPC Description

1[(1)] The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its Order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.


2[(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the Court under that sub-section shall include the following powers of the Court passed the decree, namely:-


(a) power to send the decree for execution to another Court under section 39;


(b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50;


(c) power to Order attachment of a decree.


(3) A Court passing an Order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.


(4) Nothing in this section shall be deemed to confer on the Courts to which a decree is sent for execution any of the following powers, namely-


(a) power to Order execution at the instance of the transferee of the decree;


(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.]


STATE AMENDMENT


Uttar Pradesh-Section 42 shall be substituted by following.


"42. Power of Court in executing transferred decree:


(1) The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the decree shall be punishable by such court in the same manner as if it had passed the decree, and its Order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.


(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the court under that sub-section shall include the following powers of the court which passed the decree, namely-


(a) power to send the decree for execution to another court under section 39.


(b) power to execute the decree against the legal representative of the deceased judgment debtor under section 50.


(c) power to Order attachment of a decree.


(d) power to decide any question relating to the bar of limitation to the


executability of the decree.


(e) power to record payment or adjustment under Rule 2 of Order XXI.


(f) power to Order stay of execution under Rule 29 Order XXI,


(g) in the case of a decree passed against a firm power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order XXI.


(3) A court passing an Order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the court which passed the decree.


(4) Nothing in this section shall be deemed to confer on the court to which a decree is sent for execution, the power to Order execution at the instance of the transfer of a decree."


[Vide U.P. Act No. 14 of 1970, sec. 2 (w.e.f. 8-4-1970)].


1. Section 42 renumbered as sub-section (1) thereof by Act No. 104 of 1976, sec. 19 (w.e.f. 1-2-1977)


2. Ins. by Act No. 104 of 1976, sec. 19 (w.e.f. 1-2-1977).

Comments

Post a Comment

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

-
 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla
Read more

INCOME TAX SECTION 35D - Amortisation of certain preliminary expenses

-
 Description (1) Where an assessee, being an Indian company or a person (other than a company) who is resident in India, incurs, after the 31st day of March, 1970, any expenditure specified in sub-section (2),- (i) before the commencement of his business, or (ii) after the commencement of his business, in connection with the extension of his undertaking or in connection with his setting up a new unit, the assessee shall, in accordance with and subject to the provisions of this section, be allowed a deduction of an amount equal to one-tenth of such expenditure for each of the ten successive previous years beginning with the previous year in which the business commences or, as the case may be, the previous year in which the extension of the undertaking is completed or the new unit commences production or operation : Provided that where an assessee incurs after the 31st day of March, 1998, any expenditure specified in sub-section (2), the provisions of this sub-section shall have effect a
Read more